WSR 15-14-082 EMERGENCY RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Aging and Long-Term Support Administration) [Filed June 29, 2015, 1:55 p.m., effective July 1, 2015] Effective Date of Rule: July 1, 2015.
Purpose: The change to requiring lockable doors needs to go into effect July 1, 2015, when WAC 388-110-222 and 388-110-242 go into effect. This is the only way that medicaid clients can stay in these facilities and receive payment through community first choice which the legislature directed the department to implement. It is necessary for the immediate, health, safety and welfare for those residents so that they can remain in the facility and not have to move.
Statutory Authority for Adoption: RCW 74.39A.010.
Other Authority: RCW 74.39A.010.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: To comply with federal rules, these rules are necessary so that medicaid clients can continue receiving medicaid assistance to pay for their long-term care past July 1, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 0, Repealed 0.
Date Adopted: June 25, 2015.
Katherine I. Vasquez
Rules Coordinator
NEW SECTION
WAC 388-110-222 Enhanced adult residential care physical requirements
Effective July 1, 2015, the contractor must ensure that, at the resident's choice, each resident has the ability to lock his/her unit door, unless otherwise indicated in the resident's NSA.
NEW SECTION
WAC 388-110-242 Adult residential care physical requirements
Effective July 1, 2015, the contractor must ensure that, at the resident's choice, each resident has the ability to lock his/her unit door, unless otherwise indicated in the resident's NSA.
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